Touhey v. Seda

BLACK, Judge.

Kevin Touhey appeals a final judgment of injunction for protection against stalking entered in favor of Frank Seda. Mr. Touhey contends that there was insufficient evidence of stalking to support the injunction. We agree and reverse.

Newly-enacted section 784.0485, Florida Statutes (2012), provides injunctive relief from stalking.1 Given the statute’s recent enaction, support for our holding comes from cases analyzing allegations of stalking in the context of section 784.046, which applies to injunctions for protection against repeat violence, sexual violence, and dating violence.2